The set-up trend, PIOs do not to provide information to the information seekers. In the similar fashion, public information officer followed the set-up practice.
In light of the directive issued by the Information Commission of Uttar Pradesh,
The Public Information Officer (PIO) subsequently initiated efforts to reconnect with the applicant.
Initially, the response had lacked clarity and completeness; however, new findings emerged following a thorough review of available records. Consequently, the PIO made a fresh attempt to establish communication, drawing upon these recent insights. Moreover, this outreach signaled a willingness to comply with the Commission’s order and rectify prior deficiencies. In essence, the PIO’s actions reflected a shift toward greater transparency and responsiveness. Moreover, the information provided by PIO, attached to the post.
Sough information, provided information by the information seeker and submissions of the appellant–
Sought information-1-Please provide the copy of the complaint registered by the Vindhyachal police on the application of the information seeker. Based on the complaint, Government doctor examined information Seeker medically. It took place in the community health centre Vindhyachal on the same date.
PIO provided information as-1 Action taken as per rules by following the orders and instructions given regarding mentioning the name of the main victim in the non-cognizable report or first information report.
Submission-I have sought a copy of the complaint registered so information is misleading.
Sought information- 2- Please provide the copy of the witness testimony of the information seeker as the main victim in the matter. If any taken by the concerned police and the circle officer City in the matter, then provide its copy.
Provided information-2. Pramod Kumar Kushwaha, husband of Mahima Maurya.
On the basis of the complaint of Pramod Kumar Kushwaha S/O Rambali resident Godsar Sarpati, police station Bindyachal district Mirzapur,
The police registered a case on 14.09.2024 in NCR No. 104/24 under Section 115(2)/352 BNS.
In the aforementioned case, the police took action in 170/126/135 BNSS on 14.09.24.
Submission-Since they never took the witness testimony of the victim, consequently, they provided misleading information. Why witness testimony of Mahima Maurya is not available to police?
Sought information-3- Please provide a copy of any complaint registered by the police on the complaint of information seeker. The complaint in which the name of the information seeker mentioned in the police record.
Provided information 3-No
Submission- No copy made available. Please provide the reason for not providing the copy. The reason required under subsection 1 (d) of section 4 of RTI Act 2005.
Sought information- 4- Please provide the copy of the police findings based on the complaint of the information seeker.
Therefore, the applicant may present before the court that the police have failed to take appropriate action on the submitted complaint.
In the absence of such a submission, the presiding officer may inquire whether the applicant has personally visited the nearest police station to register an FIR concerning the matter.
Moreover, it is crucial for the applicant to demonstrate reasonable steps taken to pursue the complaint. Otherwise, the court may interpret inaction as lack of due diligence. In such cases, procedural clarity and documented attempts to engage law enforcement become vital for judicial consideration.
Provided information-4- On the basis of the complaint of Pramod Kumar Kushwaha S/O Rambali, husband of applicant Mahima Maurya,
The police registered a case on 14.09.2024 as NCR No. 104/24 Section 115(2)/352 BNS on the police station local.
Submission- Whether it is a report of the police findings based on the complaint of the Mahima Maurya. Whether on the basis of it, Mahima Maurya can seek shelter in the Court of law.
Sought information- 5- Circle officer City must provide the copy of the report, based on the investigation of his own office. Besides it, on the complaint of the applicant cum information seeker, CO submits report of IO against whom information seeker made complaint.
Submission- As the matter-of-fact public information officer under this point did not provide any such report.
6- Please provide the copy of the report submitted on the two complaints of the information seeker before the chief minister office, based on the findings of the investigation of the office of circle officer City.
Provided information 6- PIO did not entertain it.
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